) ) ) ) ) ) ) ) ) ) ) )

Similar documents
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA

Case 3:09-cv IEG -BGS Document 55 Filed 11/08/10 Page 1 of 5

Case3:09-cv RS Document78 Filed05/03/11 Page1 of 7

JOINT RULE 16(b)/26(f) REPORT

AGREED MOTION FOR ENTRY OF CONSENT JUDGMENT AND PERMANENT INJUNCTION

Case 3:10-cr JAH Document 19 Filed 06/14/10 Page 1 of 6

E-FILED 12/26/2017 4:20 PM FRESNO COUNTY SUPERIOR COURT By: C. Cogburn, Deputy

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT. Plaintiffs and Appellants, Defendants and Res ondents.

2 STEPAN A. HAYTAYAN. 1 KAMALA D. HARRIS Attorney General of California

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT. No

IN THE UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA SOUTHERN DIVISION ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION

Case 3:06-cr LAB Document 378 Filed 09/01/07 Page 1 of 3

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA

Case 3:04-cr JAH Document 309 Filed 01/17/13 PageID.1104 Page 1 of 6

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA. Plaintiffs, Defendants.

Case 3:09-cv IEG -BGS Document 20 Filed 05/24/10 Page 1 of 13

IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA

Fresno County Superior Court, Case No. 1OCECGO2 116 The Honorable Jeffrey Y. Hamilton, Judge

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

STIPULATION FOR JOINT APPENDIX. KAMALA D. HARRIs Attorney General of California. DOUGLAS J. WOODS Senior Assistant Attorney General

No In the United States Court of Appeals for the Ninth Circuit EUGENE EVAN BAKER, Plaintiff-Appellant, LORETTA E. LYNCH, et al.

Court Rules for Recognition and Enforcement of Foreign Court Actions, Warrants and Subpoenas. Chapter 8. Section 1: Title... 2

THIS CAUSE came on before the undersigned Superior Court Judge on the Attorney

Case 2:17-cv JLR Document 179 Filed 04/07/17 Page 1 of 8 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON.

Nos , IN THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

Case5:12-cv HRL Document9 Filed08/09/12 Page1 of 5

Case 1:18-mj KMW Document 7 Filed 04/13/18 Page 1 of 9

Case 2:16-cv RAJ Document 8 Filed 03/30/16 Page 1 of 5 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WASHINGTON AT SEATTLE

JOINT STIPULATION OF DISMISSAL OF DEFENDANT AIR FRANCE-KLM WITHOUT PREJUDICE [F.R.C.P. 4141(a)(1)(A)(ii)]

Case 4:09-cv CW Document 579 Filed 06/01/16 Page 1 of 5

14 th JUDICIAL DISTRICT DISTRICT COURT DIVISION GENERAL CIVIL RULES

Case 3:07-cr JM Document 25 Filed 05/27/2008 Page 1 of 12

Defendants Motion to Dissolve Temporary Restraining Order. Defendants Annise Parker and the City of Houston ( the City ), (collectively

Case 4:11-cv Document 102 Filed in TXSD on 09/11/12 Page 1 of 8

FAX. IN TUE SUPERIOR COURT OF TUE STATE OF caiafornia INANDFORTHLCQLNTYOELOSANELES. EAST l)i$trict

shl Doc 36 Filed 05/15/12 Entered 05/15/12 17:26:47 Main Document Pg 1 of 5


IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA. SECOND APPELLATE DISTRlCT, DIVISION TWO. Petitioners and Appellants, Respondent and Appellee,

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT

Case 4:17-cv ALM Document 26 Filed 06/02/17 Page 1 of 3 PageID #: 543

SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SAN DIEGO, CENTRAL DIVISION CASE NO. ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

Synchronoss Technologies, Inc. v. Funambol, Inc. Doc. 52

Case 4:07-cv CW Document 39 Filed 12/07/2007 Page 1 of 5

ATTORNEYS FOR DEFENDANTS, ANDREWS SPORTING GOODS, INC., DBA TURNER S OUTDOORSMAN, AND S.G. DISTRIBUTING, INC.

Case Number: CIV-MARTINEZ-GOODMAN DEFAULT FINAL JUDGMENT AS TO DEFENDANTS YOUR YELLOW PAGES. INC., CITY PAGES. INC..

UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA Prescott Division

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA

Case 3:14-cv L-NLS Document 60 Filed 11/18/15 Page 1 of 3

Case 2:14-cv WBS-EFB Document 14 Filed 08/07/14 Page 1 of 5

KALISPEL TRIBE OF INDIANS

Case: 1:12-cv Document #: 576 Filed: 07/06/17 Page 1 of 15 PageID #:22601

No IN THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT DOTCONNECTAFRICA TRUST,

Case 3:18-cv RS Document 30 Filed 06/18/18 Page 1 of 6

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA WESTERN DIVISION ) ) ) ) ) ) ) )

ADMINISTRATIVE ORDER REGARDING DUTY JUDGE ROTATION FOR CALENDAR YEAR 2018

August 14, 2017 PROPOSED REVISIONS TO LOCAL COURT RULES

UNITED STATES DISTRICT COURT ) ) ) ) ) ) ) ) ) )

NEBRASKA HEADING CATCHLINE LAW

1900 M Street, NW, Ste. 250, Washington, D.C

Case 3:16-cv SI Document 39 Filed 04/17/17 Page 1 of 5

-SMS Owens v. Kraft Foods Global, Inc Doc. 19

Case 2:16-cv RSL Document 84 Filed 03/23/18 Page 1 of 7

CONSENT JUDGMENT. THIS CAUSE came on before the undersigned Judge for entry of a Consent Judgment

Attorneys for Plaintiff Regina Bozic, the Proposed Classes, and the Appeals Class (See FRAP 3(c)(3))

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA * CIVIL ACTION * * NO. * IN RE SEARCH AND SEIZURE * JUDGE * * MAGISTRATE COMPLAINT

UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA Prescott Division

Case ast Doc 263 Filed 10/14/14 Entered 10/14/14 15:36:10. (Jointly Administered)

IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR LEE COUNTY, FLORIDA

Case Case 1:10-cv AKH Document Document Filed 03/16/15 03/13/15 Page 11of9

SETTLEMENT AGREEMENT

Case 5:05-cv RMW Document 97 Filed 08/08/2007 Page 1 of 9 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

NO. C A AGREED FINAL JUDGMENT AND PERMANENT INJUNCTION

SUPERIOR COURT OF CALIFORNIA, COUNTY OF

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

Case 3:15-cv MMC Document 32 Filed 08/26/16 Page 1 of 10

Case 3:18-cv M Document 62 Filed 03/09/18 Page 1 of 10 PageID 1084

U.S. District Court Southern District of California (San Diego) CIVIL DOCKET FOR CASE #: 3:15-cv JLS-AGS

Case 1:14-at Document 6 Filed 02/19/14 Page 1 of 9 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA. Judge:

Case4:09-cv CW Document125 Filed10/14/09 Page1 of 5

PARKER, et al., THE STATE OF CALIFORNIA, et al., STIPULATION FOR SECOND EXTENSION OF TIME TO FILE BRIEF PURSUANT TO RULES OF COURT, RULE 8.

NOTICE OF ELECTRONIC FILING

MOTION TO STRIKE OPENING BRIEF; PROPOSED ORDER

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA FRESNO BRANCH COURTHOUSE ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

SUPREME COURT - NASSAU COUNTY - IAS PART 56 PART RULES & PROCEDURES

UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETT S CLASS ACTION JOINT STIPULATION FOR DISMISSAL WITH PREJUDICE

9:30 a.m. MOTION CALL, CASE MANAGEMENT, STATUS DATES 10:00 a.m. 2:30 p.m. MATTERS SET BY THE COURT

Supreme Court of the State of New York County of Nassau IAS Trial Part 22 Part Rules Updated: January 25, 2018

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA

Case3:12-cv VC Document70 Filed06/23/15 Page1 of 3

Case 1:16-cv TSC Document 9 Filed 09/20/16 Page 1 of 6 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA ) ) ) ) ) ) ) ) )

IN THE UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA DECLARATION OF PLAINTIFF KURT CASADINE IN SUPPORT 17. Defendants.

Case 3:13-cv WHO Document 90 Filed 09/20/17 Page 1 of 5

UNITED STATES DISTRICT COURT DISTRICT OF NEV ADA. consented to the entry of this Consent Decree of Permanent Injunction (the "Decree"), without

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA, OAKLAND DIVISION

Transcription:

Case :-cv-00-jls-bgs Document Filed 0// Page of 0 C.D. Michel SBN Sean A. Brady SBN 00 E-mail: cmichel@michellawyers.com MICHEL & ASSOCIATES, P.C. 0 E. Ocean Blvd., Suite 00 Long Beach, CA 00 Telephone: ( - Facsimile: ( - Attorneys for Plaintiff Lycurgan Inc. Alan Alexander Beck - SBN E-mail: ngord000@yahoo.com 0 Governor Drive San Diego, CA Tel: ( -0 Attorney for Plaintiff Lycurgan Inc. Daniel E. Butcher SBN E-mail: Daniel.Butcher@usdoj.gov Office of the U.S. Attorney 0 Front Street, Room San Diego, CA 0 Tel: ( - Fax: ( - Attorney for Defendant B. Todd Jones UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 0 LYCURGAN INC. Dba ARES ARMOR v. Plaintiff, B. TODD JONES, in his official capacity as Head of the San Diego Bureau of Alcohol, Tobacco, Firearms and Explosives; and DOES -0, Defendants. CASE NO: CV00 JLS (BGS JOINT MOTION TO TAKE HEARING ON PRELIMINARY INJUNCTION OFF CALENDAR AND GRANTING LEAVE TO FILE AN AMENDED COMPLAINT Honorable Janis L. Sammartino CV00 JLS (BGS

Case :-cv-00-jls-bgs Document Filed 0// Page of 0 0 I. INTRODUCTION The plaintiff, Lycurgan Inc. Dba Ares Armor ( Plaintiff and Defendant B. Todd Jones, in his official capacity as Head of the San Diego Bureau of Alcohol, Tobacco, Firearms and Explosives ( Defendant, through their respective attorneys of record, hereby jointly move the Court to remove the preliminary injunction hearing currently scheduled for March, 0, at :0 p.m. from the court s calendar since the specific injunctive relief sought by that particular request is now moot. This request should not be construed as precluding Plaintiff from seeking further injunctive or other relief through subsequent motions in this matter. II. RECITALS On March, 0, Plaintiffs filed a Civil Complaint with this court seeking, in pertinent part, injunctive relief enjoining the Defendant and its officers, agents, servants, employees, and all persons in concert or participation with them from seizing Ares Armor EP Armory Inventory and customer list ( Property. Plaintiffs also requested that a temporary restraining order be issued to prevent seizure of the property. On March, 0, this Court issued an Order that ( granted a Temporary Restraining Order (the TRO ; ( set a Briefing Schedule; and ( set a Preliminary Injunction Hearing date. The March, 0, TRO issued by this Court ordered that any steps [by Defendant] to deprive Ares Armor of the Property SHALL NOT be executed until after the Court holds a hearing as to whether a preliminary injunction should issue. Under the Court s March, 0, Order, Defendant s Opposition to the injunction request was due on or before Friday, March, 0. Plaintiffs Reply to that Opposition, if any, was due at or before a.m. March, 0. The preliminary injunction hearing date was scheduled for March 0, 0, at :0 p.m. CV00 JLS (BGS

Case :-cv-00-jls-bgs Document Filed 0// Page of 0 0 On March, 0, Defendant filed an ex parte motion and sought a modification to the TRO. Defendant asked the Court to clarify that the TRO did not restrain Defendant from initiating lawful criminal proceedings, including obtaining and executing a search warrant to seize the Property. Plaintiff s attorney at that time, Alan Beck, was served with a copy of the motion. On March, 0, the Court granted Defendant s ex parte application and issued an Order that: enjoined Plaintiff, its owners, officers, manages, employees and agents from taking any steps to destroy, transfer, sell or divest themselves of the property subject to the TRO; and modified the March TRO so as to make clear that the TRO did not enjoin lawful criminal proceedings, including the application for a search warrant or lawful seizure of evidence and contraband pursuant to a search warrant issued by a U.S. Magistrate Judge pursuant to Federal Rule of Criminal Procedure, and extended the briefing schedule. Defendant s Opposition brief was ordered to be filed by March, 0 at a.m., and Plaintiff s reply was to be filed on March, 0, by p.m. On or before March, 0, after the TRO was modified on March, 0, agents of the Bureau of Alcohol, Tobacco, Firearms, and Explosives ( ATF obtained a search warrant to seize the Property at issue in Plaintiff s TRO (as modified by the Court s March, 0 Order. On March, 0, the warrant was executed at Plaintiff s business locations and the Property was seized by agents of the ATF. On March, 0, Defendant s Opposition was filed with this Court. The hearing date for the Preliminary Injunction for the Property currently in the possession of the ATF is still scheduled for March 0, 0. III. BASIS FOR TAKING HEARING OFF CALENDAR In consideration of the specific injunctive relief requested by the TRO to prevent the seizure of the Property, the Court s modification of the TRO on March CV00 JLS (BGS

Case :-cv-00-jls-bgs Document Filed 0// Page of 0, the issuance of a search warrant and the subsequent execution of that warrant and seizure of the Property by the Defendants on March, 0, the request for injunctive relief to prevent the seizure of the Property appears moot. Judicial economy and the parties interests in preserving resources for litigating the actual merits of this case are furthered by dropping the preliminary injunction issue at his time. NOW THEREFORE, THE PARTIES STIPULATE AND AGREE, AND JOINTLY MOVE FOR THE COURT TO ORDER THE FOLLOWING:. The hearing for the preliminary injunction currently scheduled for March 0, 0, at :0 p.m. shall be taken off calendar.. The TRO in this case is vacated as of March 0, 0, at :0 p.m pursuant to Federal Rule of Civil Procedure (b.. This Order shall not affect Plaintiff s right to file an amended Complaint to reflect the current status of the case, the possession of the Property by ATF, and to seek additional relief prior to Defendant s filing of a responsive pleading, nor Plaintiff s ability to seek leave to file an amended Complaint thereafter.. This Order shall not prevent Plaintiffs from seeking other injunctive or other relief either before or after an amended Complaint is filed. 0 Dated: March, 0 Dated: March, 0 MICHEL & ASSOCIATES, P.C. /s/ C. D. Michel C.D. Michel Attorney for Plaintiff Lycurgan Inc. Assistant U.S. Attorney /s/ Daniel Butcher Daniel Butcher Attorney for Defendant B. Todd Jones CV00 JLS (BGS

Case :-cv-00-jls-bgs Document Filed 0// Page of CERTIFICATION Pursuant to Section (f( of the Electronic Case Filing Administrative Policies and Procedures of the United States District Court for the Southern District of California, I certify that the content of this document is acceptable to counsel for the Plaintiff and that I have obtained authorization from Daniel E. Butcher to affix his electronic signature to this document. 0 0 Dated: March, 0 MICHEL & ASSOCIATES, P.C. /s/ C. D. Michel C.D. Michel Attorney for Plaintiff Lycurgan Inc. CV00 JLS (BGS

Case :-cv-00-jls-bgs Document Filed 0// Page of 0 0 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF CALIFORNIA LYCURGAN INC. DBA ARES ARMOR, v. Plaintiff, B. TODD JONES in his Official Capacity As Head of The BATFE. Defendants. CASE NO: CV0 JLS (BGS CERTIFICATE OF SERVICE I, the undersigned, am a citizen of the United States and am at least eighteen years of age. My business address is 0 E. Ocean Blvd., Suite 00, Long Beach, California, 00. I am not a party to the above-entitled action. I have caused service of: JOINT MOTION TO TAKE HEARING ON PRELIMINARY INJUNCTION OFF CALENDAR AND GRANTING LEAVE TO FILE AN AMENDED COMPLAINT on the following party by electronically filing the foregoing with the Clerk of the District Court using its ECF System, which electronically notifies them. Daniel Everett Butcher U S Attorneys Office Southern District of California Criminal Division 0 Front Street Room San Diego, CA 0 (-0 Fax: (- Email: Daniel.Butcher@usdoj.gov Alan Alexander Beck 0 Governor Drive San Diego, CA (-0 Email: ngord000@yahoo.com I declare under penalty of perjury that the foregoing is true and correct. Executed on March, 0. /s/ C.D, Michel C.D. Michel CV00 JLS (BGS